The Associated Press has been reinstated to White House events after a federal judge ruled the government can’t bar its journalists from covering presidential events. The judge, a Trump appointee, affirmed the government can’t punish the news organization for its speech on First Amendment grounds.
The judge’s decision, a preliminary injunction, gave the AP a significant victory. The White House has been challenging the press on several levels. The judge ruled the government can’t retaliate against the AP’s decision not to follow the president’s executive order to rename the Gulf of Mexico.
However, the White House may not immediately implement the judge’s ruling. The judge delayed implementing his order for a week to give the government time to respond or appeal. Shortly after the ruling, an AP reporter and photographer were turned away from joining the White House press pool to cover Trump’s appearance before the National Republican Congressional Committee.
Since February 11, the AP has been restricted from covering President Trump in the Oval Office or aboard Air Force One. They’ve also been limited to sporadic coverage of Trump at events in the East Room.
“We’re pleased with the court’s decision,” said AP spokeswoman Lauren Easton. “Today’s ruling affirms the press’s and public’s right to free speech without government retaliation, a fundamental right guaranteed to all Americans in the Constitution.”
Karoline Leavitt, the White House press secretary named in the lawsuit, didn’t respond to a request for comment. The AP sued Leavitt, White House chief of staff Susie Wiles, and deputy chief of staff Taylor Budowich.
Since taking office, Trump has aggressively attacked the media. The FCC sued ABC, CBS, and NBC News. The administration has attempted to cut funding for government-run news services and threatened public funding for public broadcasters for allegedly being liberal.
The AP requested Judge McFadden rule that Trump’s officials violated the AP’s constitutional right to free speech because the president and his staff disagreed with the AP’s journalists’ words. However, McFadden had previously declined the AP’s request to reverse the changes through an injunction.
Due to its extensive reach, the AP has traditionally been included in “pools” for coverage of presidential events like the Oval Office and Air Force One. However, McFadden cautioned that his ruling doesn’t necessarily mean a return to those days.
The Court doesn’t order permanent access to the Oval Office or any other media event for the AP. It doesn’t bestow special treatment upon the AP either. In fact, the AP isn’t entitled to the ‘first in line every time’ permanent press pool access it enjoyed under the White House Correspondents Association. However, it can’t be treated worse than its peer wire service either.
The judge clarified that his decision doesn’t prohibit government officials from choosing which outlets to give interviews to or selecting which journalists’ questions they choose to answer at a news conference.
Katie Fallow, deputy litigation director at the Knight First Amendment Institute at Columbia University, said, “This is a significant decision. The First Amendment ensures that the White House can’t ban news outlets from covering the president simply because they don’t conform to his preferred language.”
Floyd Abrams, a seasoned free-speech attorney, drew parallels to American history in his reaction: “What a remarkable and well-deserved First Amendment victory. Thomas Jefferson and James Madison would be pleased and relieved.”
Trump publicly explained his decision behind striking back at the AP. While there was little disagreement in a March 27 court hearing about the reasons behind Trump’s actions, the administration asserted that it had the discretion to determine who gets to question the president and when, rather than relying on White House correspondents or longstanding tradition.
Since the dispute with the AP, the White House has controlled who covers the president at smaller events and where journalists sit during Leavitt’s briefings. The administration argued that both need to adapt to information consumption.
The AP’s legendary stylebook influences journalists across the world. They’ve decided to continue using “Gulf of Mexico” for the body of water, recognizing its historical significance, despite President Trump’s decision to rename it “Gulf of America.” Different outlets have adopted varying approaches, some simply referring to it as the “Gulf.”
AP’s executive editor, Julie Pace, emphasized in a Wall Street Journal op-ed that the AP’s lawsuit against the Trump administration isn’t just about the name of a body of water. It explores whether the government can control what individuals say.
Testimony revealed that the AP’s coverage has been hindered due to the Trump administration’s actions. Trump dismissed the AP, founded in 1846, as “radical left lunatics” and vowed to exclude them until they agree to use the term “Gulf of America.”
For a news organization known for speed, the AP brought its chief White House correspondent and photographer to testify before McFadden on March 27. The witness explained how the AP’s absence from covering events delayed news and images. The AP’s lawyer also highlighted the loss of a $150,000 advertising contract.
The government’s lawyer presented evidence of the AP’s alternative strategies, such as livestreams and photos from other agencies. Hudak also noted the AP’s regular attendance at Leavitt’s daily briefings.
In Tuesday’s Associated Press v. Budowich et al ruling, Judge McFadden criticized the government’s exclusion of the AP, calling it “brazen” and citing the Constitution’s prohibition of viewpoint discrimination in non-public forums like the Oval Office.
